Justice, Legal Affairs, and Human Rights Committee chairman Hillary Sigei during a past meeting /HANDOUT
Governors face a major setback after a Senate committee approved a proposal to prohibit former governors from running for elective office within five years of completing their terms.
The Senate Justice, Legal Affairs, and Human Rights Committee argued that the "cooling-off" period will strengthen accountability and protect the independence of oversight institutions
“Having considered the Constitution of Kenya (Amendment) Bill, 2026 and the submissions received thereon, the committee recommends that the Senate passes the Bill with amendments,” the report states.
The Bill, sponsored by Kirinyaga Senator James Murango, proposes to bar former governors from contesting for Senate or county assembly seats for five years after leaving office.
The proposed law amends Articles 99 and 193, as well as Sections 24 and 25 of the Elections Act (Cap 7, Laws of Kenya).
It seeks to introduce new disqualifications and avert potential conflicts of interest by ensuring they do not sit in agencies meant to oversee them.
The committee said the measure would prevent conflicts of interest involving former governors who move directly into institutions responsible for scrutinising their former administrations.
They include the Senate and the county assembly, which are responsible for scrutinising the financial operations of the county governments.
However, the report, filed by the committee chaired by Bomet Senator Hillary Sigei, indicates that various stakeholders were divided on the proposal.
The Council of Governors and some rights groups opposed the restriction, while state agencies and several individuals backed it.
The CoG questioned the blanket restriction.
It argued that former governors should not automatically lose their right to participate in politics simply because they previously occupied county executive offices.
“The Bill offends Article 38 of the Constitution on political rights by seeking to bar current and former Governors from exercising their political rights without reasonable justification, and the proposed limitation does not meet the threshold for limitation of rights under Article 24 of the Constitution,” COG said.
The council said that the Senate and county assemblies ought to exercise their oversight role and complete the same within the governor’s term.
It proposed safeguards that would allow accountability processes to continue while preventing former governors from taking part in proceedings involving their former administrations.
However, the committee argued the right to be a candidate for public office is not absolute, and there are already certain limitations to the exercise already provided for in the constitution.
“The proposed limitation is reasonable and justifiable as it is limited to the offices which directly exercise oversight over county governments, through examining their audit reports and holding them accountable for their decisions,” the committee says.
Unlike the Senate or county assemblies, the National Assembly does not directly exercise oversight over counties.
Hence, the proposed limitation would not be justifiable as regards members of the National Assembly, the report states.
The panel said the Senate and county assemblies, in exercising oversight over county governments, are bound to examine the actions and decisions of governors, whether they are still in office or have left.
“If former governors are elected to sit in the county assembly or the Senate, they may be in a position to influence certain outcomes of the ongoing accountability processes,” the report reads.
The Office of the Registrar of Political Parties also supported the Bill.
“The Bill provides a path towards promoting accountability of elected representatives and enhancing the capacity of the Senate and county assemblies to undertake their oversight roles,” the registrar said.
However, the ORPP warned that Parliament should consider whether there are less restrictive ways of achieving the same objective.
It urged the committee to consider alternatives, including “mechanisms for declaration of conflict of interest.”
The Attorney-General, on the other hand, said the restriction was “consistent with the provisions of Article 24 on the limitation of rights and fundamental freedoms.”
The office argued that the proposed limitation was reasonable and justifiable because it sought to ensure that one person's enjoyment of political rights did not prejudice the rights of others.
But the AG also delivered a significant caveat, saying the Bill may not be necessary.
“The Bill, in its current form, is not necessary as the existing constitutional and statutory framework adequately addresses the concerns sought to be addressed by the Bill,” the AG said.
Transparency International Kenya said five years may actually be too short because corruption investigations and court cases can take longer to conclude.
The organisation said the proposed period was “insufficient and misaligned with the realities of Kenya’s accountability environment.”
It proposed that former governors should instead obtain clearance from relevant investigative and oversight agencies, as well as courts where cases have been filed.
